Tempe, AZ asked in Child Custody for Arizona

Q: Can I receive full custody of my 3yr old if his father has never been around and is now going to prison in Arizona?

The grandmother recently picked my son up for a visit and allowed him to stay in a halfway house with his father without my knowledge, she said my boy was going to stay with her and visit his father before he goes to prison, instead she allowed my son to stay in a halfway house for 2 nights and is now saying she is going to contact a lawyer about grandparents rights because I was upset about this whole thing. Could I gain full custody of my child since his father has never been involved and is now going to prison? The father has a history of drug abuse as well, and was caught selling drugs.

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1 Lawyer Answer
Randi Sirlin
Randi Sirlin
  • Phoenix, AZ
  • Licensed in Arizona

A: I am not permitted to give you legal advice without meeting with you, but given the information you have provided, I can provide information to you.

There really are not "grandparent rights" anymore, as parents have the ultimate right to determine who spends time with their children.

If the grandmother attempts to pick up your son again, you can call the police.

Based upon the information you provided, you would likely be given "sole legal decision-making authority," (previously called "custody") and you would be the parent with whom your child resides. You would be called the "designated primary residential parent."

I hope this is helpful. If you need additional assistance, I recommend contacting an experienced family law attorney.

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